HOW TO FILE A MOTION TO WITHDRAW A PLEA OF GUILTY[1] TO PAYABLE CITATION

Use this form for citations issued in Court Division 1:

Minneapolis and Three Rivers Park District locations


1.  Obtain a court date and a “Register of Actions” of the case at any of the following locations:

Hennepin County Government Center
Violations Bureau (skyway level)
300 S. 6th Street
Minneapolis MN 55487-0014 / Brookdale Courthouse
6125 Shingle Creek Pkwy
Suite 200
Brooklyn Center MN 55430 / Ridgedale Courthouse
12601 Ridgedale Dr.
Suite 300, 3rd Floor
Minnetonka MN 55305 / Southdale Courthouse
7009 York Ave S.
Suite 214, 2nd Floor
Edina MN 55435

Hearings are set on different calendars, depending on the city/location of the incident:

·  Minneapolis citations: Minneapolis Motion calendars at 11:00 a.m. on Tuesdays, Wednesdays, and Thursdays.

·  Three Rivers Park District citations: County Attorney Calendar (COAT) at 1:30 p.m. on the fourth Thursday of each month.

2.  Fill out the attached Notice of Motion and Motion to Withdraw a Plea of Guilty, then sign and date it.

3.  Make two copies of the completed Notice of Motion and Motion paperwork. One copy is for you and the other copy must be served upon the prosecutor.

4.  Have a third party (NOT YOU) who is 18 years or older, mail or deliver a copy of the papers to the other party (the prosecutor listed below, depending on where your citation was issued). They can be mailed on any day EXCEPT a legal holiday. Court Rules require FIRST CLASS MAIL only, not certified or registered mail. The person who mailed/delivered the papers to the other party must then complete a Proof of Service.

·  DO NOT have the person fill out the Proof of Service until AFTER they have mailed/delivered a copy of the papers to the prosecutor.

Minneapolis Citations / Three Rivers Parks Citations
Minneapolis City Attorney
City Hall, Room 210
350 South 5th Street
Minneapolis, MN 55415 / Office of the Hennepin County Attorney
300 South Sixth Street
Floor C-2200 Suite C2168
Minneapolis MN 55487

5. 
File the original Notice of Motion and Motion paperwork, and the original Proof of Service at any of the locations listed in step #1.

6.  Do not be late for your hearing, and give yourself extra time because you will have to go through weapons screening at the Hennepin County Government Center. Plan on arriving early. If you get to the courtroom even a few minutes late, your motion may be denied if your case was already called and you were not there.

Notice of Motion & Motion to Withdraw a Plea of Guilty to a Citation Fourth District Self-Help Center and Criminal Court

Minn. Stat. §169.91 HC 3743D (04/2016)

State of Minnesota

/
District Court
County of Hennepin / Judicial District: / Fourth
Court File Number:
Case Type: /

Criminal

State of Minnesota

vs.

NOTICE OF MOTION AND

______ MOTION TO WITHDRAW A

Defendant PLEA OF GUILTY TO A CITATION

£ Minneapolis £ Three Rivers Park

Section 1

Name: / Date of Birth:
Address: / Driver’s License Number:
Phone Number:

Section 2.

The citation number is: ______and a copy of the paid citation is attached.

Section 3

I should be allowed to withdraw my plea of guilty entered on ______for the following reason(s):

Section 4

The court hearing is set for ______, 20___, at ______A.M./P.M., at the following location:
£  Hennepin County Government Center / 300 S. 6th St. / Minneapolis, MN 55487
£  Public Safety Facility / 401 S. 4th Avenue / Minneapolis, MN 55415

Date:______

Signature

______

Printed name

Notice of Motion & Motion to Withdraw a Plea of Guilty to a Citation Fourth District Self-Help Center and Criminal Court

Minn. Stat. §169.91 HC 3743D (04/2016)

State of Minnesota

/
District Court
County of Hennepin / Judicial District: / Fourth
Court File Number:
Case Type: /

Criminal

Proof of Service

I, (name of person who mailed/delivered the documents), state under penalty of perjury that:

1.  I am at least 18 years of age;

2.  I served the attached documents (Copy Notice of Motion and Motion to Withdraw a Plea of Guilty) on the prosecutor checked below by placing the documents in the U.S. mail with sufficient postage and addressing it to the following address, or by delivery: (Check one)

£ Minneapolis City Attorney
City Hall, Room 210
350 South 5th Street
Minneapolis, MN 55415 / £ Office of the Hennepin County Attorney
300 South Sixth Street
Floor C-2200 Suite C2168
Minneapolis MN 55487

3.  I am signing this document in ______County, in the state of ______.

I declare under penalty of perjury that everything I have stated in this document is true and correct. Minn. Stat. §358.116

Dated:

Signature of person who mailed/delivered the documents

Print Name:

Address:

City/State/Zip:

Telephone: /

Email:

Notice of Motion & Motion to Withdraw a Plea of Guilty to a Citation Fourth District Self-Help Center and Criminal Court

Minn. Stat. §169.91 HC 3743D (04/2016)

[1] This statutory notice was provided at the time of your citation: Minnesota Statute §169.91, subd. 3, provides in part, that failure to appear for a petty misdemeanor will be considered a plea of guilty and a waiver of the right to trial.